3. I dunno, basing the behavior of a race on the behavior of another race isn't too infringey, I don't think. I mean, shit, he mentioned Uplift, and hopefully David Brin is sitting around his house all excited that his books will sell again.
Not that I should underestimate the rancor of publishers.

I seriously would be surprised to see EA neuter anything about Spore; Will Wright, should he choose to leave them, would break some shit for sure.